Showing posts with label aerial port. Show all posts
Showing posts with label aerial port. Show all posts

24 November 2015

Seven Dates = years of VA blocking C-123 Agent Orange exposure claims

I'd like to put seven events before veterans, our legislators and the public to illustrate VBA's tortuous and wrong-headed struggle to prevent C-123 veterans' Agent Orange claims. VA dragged out justice for years, with acts I feel violated VA21-1MR, VA's pro-veteran duty, the VA duty to process claims in a non-adversarial manner, the Veterans Claims Assistance Act and the Due Process Clause in the Fifth Amendment to the Constitution.

This is an important matter because VA's misdeeds denied our veterans up to $150,000 in retroactive compensation generally awarded other Agent Orange veterans once claims are resolved. Plus, C-123 vets were denied years of vital medical care. Important issue, because it shows VA disregard for its own regulations and obligation for a pro-veteran perspective.

1. VBA's Agent Orange desk repeatedly informs veterans that JSRRC confirmation is required to acknowledge claims, saying VA cannot act and citing VA21-1MR requirements for JSRRC report
2. March 12 2013: VBA Agent Orange desk receives JSRRC director's confirmation of evidence for C-123 Agent Orange exposure which cites numerous government records
3. March 12 2013: VBA and VHA discuss JSRRC confirmation in their internal communications, its role and its availability to veterans and whether it triggers presumptive service connection; decision to disregard as irrelevant (violates VCAA and Due Process at this point)
4. May 9 2013: Two months after JSRRC official confirmation, VBA corresponds with C-123 veterans informing them JSRRC confirmation is necessary but does not reveal JSRRC confirmation already received two months earlier
5. June 10 2013: VBA Agent Orange desk drafts letter for Under Secretary Hickey to Oregon Governor, avoids mention of JSRRC and other government proofs received by VA, cites non-existent "specific scientific investigation" (which was instead a VHA staff consensus...no scientific study was ever done) against C-123 claims
6. July 10 2013: Mr. John Kruse (Director Benefits Team VA Congressional and Legislative Liaison) submits detailed letter from C-123 veterans re: JSRRC, VCAA violations and other issues to Secretary Shinseki, without response
7. May 2014: VBA begins receiving individual veteran JSRRC confirmations in May 2014 but does not act or inform veterans, stating it will delay and, await the IOM study (which resulted in the June 2015 Interim Final Rule)

Net effect: eligible deserving veterans were denied VA medical care and other benefits for over four years following CDC, NIH and US Public Health Service confirmation of our exposures, and for over two years following DOD JSRRC confirmation of our exposures which satisfied the VA's own regulation VA21-1MR but which VA ignored, violating Veterans Claims Assistance Act and Due Process Clause.

19 March 2013

VA REJECTS All Other Federal Agencies' Medical Evidence as USELESS in Claims!

Incoming!
VA's Compensation Services last month informed veterans that expert findings by other federal agencies...in fact, evidence from whatever source, will not be considered as material adequate to bring a C-123 veteran's claim to the "as likely to as not" threshold. This is the 50-50 point at which the benefit of the doubt rests with the veterans, and that half-way point just won't be permitted by the VA for C-123 veterans.

And they meant it. On 28 February, the same day as the meeting with Compensation Services, during which we were told of the uselessness of any evidence we might present and the predetermination that our claims will be denied, VA's Manchester NH regional office indeed denied the Agent Orange exposure claim of a C-123 veteran.
C-123 Vet. "Dang - screwed again!

There seem to be two VA basic challenges to this man's claim. First, the VA denied his Agent Orange claim because he hadn't served in Vietnam. To better deny the claim and prevent the veteran's access to VA medical care, they simply ignored the Agent Orange Act of 1991, Title 38 3.09, and the clarification VA provided in the Federal Register 8 May 2010 where VA explained that any exposed veterans will be treated the same as Vietnam veterans if able to substantiate their exposure to dioxin.

The second method VA used to deny this perfectly valid claim was to pretend that other federal agencies lack any qualification to address exposure issues. All such opinions submitted in this man's claim as proofs were grouped as "lay evidence" and dismissed as lacking credibility. And what evidence was dismissed as lay evidence?
EPA, National Institutes of Health, National Toxicology Program, CDC/Agency for Toxic Substances & Disease Registry, US Public Health Service, University of Texas Medical School, Columbia University School of Public Health, Oregon Health Sciences University Toxicology Program, numerous independent scientists and physicians, the veteran's own physicians and other veterans' expert supporting testimony via sworn VA21-4138 forms
(note: all evidence was either specific to this veteran, or in direct, inclusive reference to him and all C-123 veterans similarly situated)
Included in what Manchester dismissed as lay evidence was evidence from Dr. Linda Birnbaum, Director, National Institutes of Health/National Toxicology Program, and a member of the National Academy of Sciences. Does somebody in the Manchester VARO bring to bear science credentials more credible than hers? Anyone in Manchester with an 80-page CV to match hers?

What threshold does Manchester set for a veteran's claim to be fairly evaluated, given that even this amount of powerful and convincing evidence is dismissed in their eager refusal to award service connection? Sorry...not actually "eager" as they took two years to get around to denying his claim! Anyway, their threshold is one of  VA policy, not science or law!

14 August 2012

Mysteries in the Desert. Upcoming Posts - you'll want to stay tuned

Typical C-123 Veteran
It seems the gloves are off. At least, their gloves are off, because the VA and AF have mercilessly screwed us. We've been slapped around again.

As is appropriate, the US Government has recently begun cleaning up the Agent Orange mess in Vietnam, beginning in Danang. This is right and proper, even if quite late in the game.

What is not right or proper, however, is the continued failure to address the Agent Orange exposure of C-123 aircrews who flew these dioxin- contaminated aircraft 1972-1982. Working hard and in defiance of science and the professional opinions of every outside expert, an illogical VA and USAF construct has been to pretend the situation was harmless where we flew "heavily contaminated" airplanes which were "a danger to public health." But in the view of these agencies, we were somehow not exposed. We're seeing brand new definitions for "exposed."

Thus far in this year-long mess, only the VA and USAF argue that C-123 aircrews weren't exposed...but every outside university expert, every other government agency, every outside private toxicologist has concluded aircrews absolutely were exposed! Careful investigation of the situation by the American Legion and by the Vietnam Veterans of America led these associations to also agree and to demand that the Secretary of Veterans Affairs address the situation.
731st Tactical Airlift Squadron

For the first time in the history of Agent Orange issues, government agencies (in our case, the VA and USAF) have suggested a threshold of dioxin exposure below which one is "safe." For the first time, by cherry-picking their resources as well as misinterpreting various official records and ignoring contrary evidence, these government agencies have constructed a theory whereby dioxin contamination somehow didn't expose us. Their position leaves us veterans denied medical care for our dioxin exposure. Their position defies published state and federal government reports and manuals, such as TG 312.

Why? Care for Agent Orange-exposed veterans costs money. Care for our survivors costs money. In the tragic history of Agent Orange the VA has fought tooth and nail to prevent each and every veterans group from receiving service connection. First they fought the individual Vietnam vet claims. Then Congress legislated "presumptive eligibility" for those vets to stop the VA's delaying tactics. Next, the Blue Water Navy guys sought care, and got nothing from the VA but push-back until once again, Congress stepped in. So our small group of about 1500 flyers and maintenance folks are denied care. The VA, rightfully afraid of any budget drain, doesn't calculate the fact that many of us are retired military and thus covered by Tricare...we'd not need VA medical care. The VA fails to consider that we're nearly all Medicare age and thus can turn to any civilian facility for care. So our potential impact isn't too bad, but for our members who don't have Tricare or Medicare...it is devastating to have to pay for our own Agent Orange illnesses! Remember...the VA will never accept a veteran for Agent Orange-releated illnesses unless in some way Congress dictates they must! So...we need Congress! Or the Courts! Or somebody inside the VA who will treat us with compassion.

We get no sense of the Department of Veterans Affairs or the United States Air  Force approaching the issue of C-123 Agent Orange contamination with a mindset of "how may these veterans be qualified." Rather, barriers began being established the moment we turned to them for help.

In a 30-piece series of reports to the President of the United States...

1. We'll argue in our upcoming posts that VA and USAF are scientifically in error about contaminated aircraft somehow not exposing the crews and maintenance personnel. Supported by Independent Scientific Opinions from experts throughout the country, we'll argue our case with findings by other government agencies which conclude we were exposed.

C-123 Fleet Destruction, April 2010
Davis-Monthan AFB, AZ
2. We'll also reveal theft by DOD civilians of aircraft components from contaminated C-123 aircraft stored at Davis-Monthan AFB's famous Bone Yard.

3. We'll reveal $250,000 of waste and abuse at Davis-Monthan AFB and Hill AFB.

4. We'll reveal false official, signed statements by senior USAF civilian personnel.

5. We'll reveal how federal judges were deceived and how GSA purchase contracts were manipulated after award.

6. We'll reveal press manipulation and deception.

7. We'll reveal how civilian workers at Wright-Patterson AFB and Davis-Monthan AFB were required to work limited hours and wear HAZMAT protection including respirators in order to prevent deadly exposure to Agent Orange left inside the contaminated airplanes, yet the VA and USAF twisted science and logic to erroneously conclude that our aircrews, performing most of the same duties in simple flight suits during ten years aboard even more contaminated airplanes, were somehow not exposed,

8. We'll reveal sale of dioxin-contaminated airplanes to foreign governments by the USAF Security Assistance Center.

9. We'll reveal contract manipulation to deceive a GSA client.

10. We'll reveal sale of dioxin-contaminated airplanes to Walt Disney Films.

11. We'll reveal improper management of DOD civilian union employee health complaints and erroneous release of employee SSAN numbers.

12. We'll reveal improper management of formal Inspector General complaints.

13. We'll reveal how the EPA and Arizona EPA were deceived about hazardous waste, tricked into not seeing a C-123 HAZMAT quarantine area, and how a threatened $3.4 billion EPA fine was avoided by changing a couple words used to describe dioxin-contaminated waste.

14. We'll reveal how one group of veterans has been treated differently than another in similar circumstances because of budget issues and political considerations.

15. We'll reveal failures to respond to formal Freedom of Information Act requests.

16. We'll reveal JAG and leadership manipulation of Air Force technical investigations.

17. We'll reveal detailed Air Force actions taken to prevent C-123 veterans' learning of hazardous exposure, and detailed actions taken specifically to prevent exposed veterans from receiving medical care from the VA.

18. We'll reveal decades of Air Force hiding information about aircraft Agent Orange contamination.

19. We'll reveal prejudice and sarcasm by Air Force officials in respect to airlift aircrews and maintenance personnel as these veterans seek medical care for Agent Orange exposure, including situations where the veterans were publicly categorized as "trash-haulers" and "freeloaders looking for a tax-free dollar from a sympathetic Congress."

20. We'll reveal how agencies take steps to avoid receiving information which might later have to be released via FOIA.

21. We'll reveal how one agency uses another agency's work product to reach a finding, but where that second agency reaches its conclusions by citing the first agency. I know...confusing.

22. We'll reveal USAF and VA manipulation of the Institute of Medicine to prevent the IOM's release of findings in support of veterans' Agent Orange exposure.

23. We'll reveal how the VA prevented widows' claims for earned VA benefits.

24. We'll reveal how the VA prevented a handicapped adult child's claim for his father's earned VA benefits.

C-123 Fleet in HAZMAT Quarantine (before destruction)
25. We'll reveal how C-123 aircraft, if they hadn't all been destroyed in 2010 due to Agent Orange, would be today judged unsafe for flight by regulatory agencies because of the dioxin. Yet, the USAF maintains that these airplanes were somehow safe during the ten years we flew them three decades ago when contamination was even more intense.

26. We'll reveal how the USAF used tests completed in 2009 and 2010 which confirmed  aircraft were contaminated with Agent Orange yet somehow used these tests to to declare the very same airplanes weren't contaminated "enough" in earlier years to expose aircrews.

27. We'll reveal how the VA and USAF ignored science when they suggested contamination levels inside C-123 aircraft as identified in 2009 tests were somehow the same levels in 1972-1982, as though several decades hadn't passed and as though years of exposure in harsh desert conditions hadn't allowed the Agent Orange to degrade.

28. We'll reveal how VA and USAF officials exchanged information during preparation of their recent C-123 reports to insure similar negative results.

29. We'll reveal how the authors of two reports cited by the USAF and VA stated their materials were not relevant to the issue of aircrew dioxin exposure, yet these reports were used anyway to deny aircrew chemical exposure.

30. We'll reveal how the USAF retained a retired AF colonel (whose entire career focused on promoting Agent Orange uses) to support the military's decision to destroy the surplus C-123 aircraft in April 2010, and how this retiree has for decades worked tirelessly preventing veterans benefits for Agent Orange exposure.

31. There are some more revelations which I'll bring up to the AF privately as I do not want to publicize the really bad materials.

I have an awful lot of writing ahead of me. Guess I'd better get busy. Stay tuned!




13 July 2012

Air Force Report - A Glimmer of Hope?

Sometimes, writers say what must be said in oblique phrases when more direct wording cannot be used. Reading carefully, perhaps we can find a glimmer of hopeful news in the USAFSAM April 27, 2012 report, which was briefed to Senator Burr's staff and C-123 veterans on Wednesday, 11 July.

The Air Force said in the Executive Summary that USAFSAM was unable to make accurate quantitative estimates of individual exposures. They also concluded the two groups dealt with (occupational and general population) were "unlikely to have exceeded acceptable regulatory standards for dioxin exposure."

We can work with this. Very importantly, both the report and the briefers from the AF Surgeon's office stress that USAFSAM was unable to quantify individual exposure...but they allow us hope from two perspectives:

  • individuals can actually use elements of this report to establish one's probable individual dioxin exposure
  • individuals can further use the report to stablish both cumulative and simultaneous exposure to dioxin by all three routes (ingestion, inhalation and dermal), and then reference several supporting reports (Weisman/Porter, Conway, ATSDR) to establish contamination, then reference ATSDR, Stellman, Berman, and Dr. John Doull. Doull's "Acceptable Levels of Dioxin Contamination in an Office Building Following a Transformer Fire, Doull makes the point that exposures can be cumulative, and can be simultaneous (dermal at the same time as inhalation and ingestion). If exposures are simultaneous such as while aboard the C-123, Doull states "the associated risks will increase by a factor of 2 with the assumption of a linear dose-response relation at low doses." This means the Air Force report and its opinion that crews "were unlikely to have exceeded acceptable regulatory standards for dioxin exposure" can be argued with the fact that we've actually had TWICE the dosage the AF estimates.
As this writer sees it, we presently cannot seek presumptive connection as a group of aircrew, maintenance or aerial port veterans. But...we can and should proceed with individual claims for Agent Orange benefits. The important thing is to reach the threshold of "as likely to as not", and to stress that the benefit of the doubt is supposed to rest in the veteran's favor.

This might be the formula by which we can proceed with our claims. And remember, you will do much better if represented by one of the dedicated professionals from the American Legion, VFW, Vietnam Veterans of America, etc. Veterans need not be members of any group - these service organizations represent any and all veterans who approach them for assistance and do so expertly, without charge!
  • establish proof of diagnosis for a typical Agent Orange illness(s)
  • establish the contamination of the aircraft (Weisman/Porter, Porter, etc all do that)
  • provide nexus letters from your physician stating the illness is "as likely to as not" to be associated with your dioxin exposure(s)
  • provide numerous scientific and medical opinions as to the likelihood of your individual exposure to the dioxin-contaminated C-123 (remember: both contamination and exposure must be proved to at least a 50% possibility)
  • try to obtain expert Independent Scientific Opinions from toxicologists or epidemiologists in your own state; approach medical schools and universities in your area
  • try to obtain support from state-level professional societies, such as the Society of Toxicologists, state medical board, etc.
  • And Most Importantly - get a claim in as soon as possible! Any benefits will likely date from the date your application is received by the VA. 
Have faith. We have friends working on our behalf!

31 March 2012

Did You Fly C-123? File your VA Claim NOW!

The VA famously (and sadly) takes years to make up its mind about a veteran's disability claim. This is a period of anxiety and worry while the veteran tries to address mounting medical and financial problems, but there's not much to be done about their timeline.

What you can do is consider the following:
1. get a letter, postcard ANYTHING to the VA immediately stating it is your intention to submit a disability claim for your illness or injury. Whatever compensation that eventually is awarded dates from the time-stamp on your notification to the VA...so don't wait. Say "Dear VA: I expect to apply for benefits for exposure to military herbicides and (any other issues you may have.)" sign and mail. Couldn't be easier!
2. consider using the VA's Fast Track claim process, where you complete everything you're going to present, gather all your proof (doctor's letters, personal statements, medical records, line of duty determinations, EVERYTHING) and submit. This is a process where you declare to the VA that you have a complete claim and are willing to let them make a determination based on the total package you present and on what's in their files on you already.
3. get with one of the veterans service organizations - they are the professionals in this mess. The Disabled American Veterans, Vietnam Veterans of America, Veterans of Foreign Wars, etc., all employ highly-trained advocates to help you put your claim to the VA. They require a power of attorney to represent you, and these people are bull dogs! They really latch onto the finer points of VA rules and regulations and make sure your application is as solid as can be. They know the ins-and-outs of strategies such as Individual Unemployability, which can bring many veterans up to 100% disabled ratings. Not only is the 100% rating a better monthly payment but it also means complete medical care - eyes, ears, dental, everything. And if your rated disability is 70% or higher it also means nursing home care in your own community.
4. if you are ill, ask the veterans service organization to help you get medical care from the VA on a "presumptive eligibility" basis until such time as your claim is resolved.

27 March 2012

Chicago Area C-123 Veterans Needed for Interview!


We have fortunately attracted the attention of a network famous for caring about veterans' issues, and we hope for some great coverage next month.

For their reporters to look further into our C-123 Agent Orange claims they really want to interview any of our veterans or surviving family members in Chicago, or in the broader Illinois area. If that's you, or if you know where we can find such folks, please get an email to me or call!


And there's news coming out of Springfield, too!
     Wes